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EveningStorm Studio has very
lenient policies regarding our products and the usage thereof. We try to
keep our policies very minimal because over the years, we have really
started paying more attention to other production house's licensing
requirement. EveningStorm Studio itself has had to utilize third party
tracks at one time and knows exactly how it is to be bound by a license!
However, when looking at many other places' licenses, it seems that very
little freedom is given to the new "owner" of the product. Sure, the
original creator will always hold the original copyright, but what about the
usage of your product by a customer? When EveningStorm Radio first came into
being, I was on the hunt for a commercially produced jingle (this was before
the days of EveningStorm Studio!). I found a well known production house
online and proceeded to investigate the cost of having the jingle produced.
What blew my mind was the fact that not only was the cost outrageous, but
the licensing requirements were even more ridiculous!
Being a former screenwriter and obviously a musician myself, I completely
understand someone wanting to protect their work. Hey, it's hard and you
don't want anyone else taking the credit. However, when dealing with
products like short background tracks, acapellas, jingles, etc...you're not
talking about a top 40 hit or a number 1 sitcom screenplay! These types of
products are meant to be used by the customer...within reason of course.
Therefore, our licensing policies, which we must have, give the customer as
much freedom as they would need to do the job that they need to do. (Make
sense?) Anything above and beyond that, is where the license must start to
kick in. For example, you can mix your own files together with our sounds to
make your final sound product. You can even sell that end product. However,
you can't just take our files, copy them, and re-sell them as your own.
Sound fair enough?
Read into some of the licenses that are out there today. Most will have fine
print that say the license is only good for x amount of years, then a
renewal fee comes due. We don't have that here. Your product is licensed for
life, royalty free. Now, what are the catches? (aren't there always!) The
catches are somewhat simple. If you want to sale the CD as is, or any of the
single music tracks themselves, as is, then you would need what we
call a "reproduction license". Not as bad as it sounds.
Hope we didn't confuse you any at
this point! To make it simple, read the summary below, which is the first
paragraph in our official blanket license. It should help make it easier to
understand. This blanket license covers all of our CD products, except for
any software titles, or broadcast content CDs, as they each have their own licenses.
Below, you will see two licenses
in .PDF format,
a Music/FX Product Blanket License and a Broadcast Material/Content License. If you
have purchased the Broadcast material CDs with archived VC and Ned morning
shows, your CDs will be covered under the later. The reason the Broadcast
content CDs have a more stringent license is that they contain proprietary
tracks from EveningStorm Radio and have been previously been broadcast over
the air.
Download .PDF version of the following licenses:
Music/FX Product Blanket License
Broadcast Material/Content License
EveningStorm Studio
Music/FX Product Blanket License
(Excluding software titles and Broadcast Material CDs)
Summary
You can broadcast on the Internet, radio, TV, or videos, any material on the
CD without any royalties. You can use the material on the CD to mix with
your own recordings and sell the final recording for profit without any
royalties. You cannot copy an exact image of either the entire CD or
individual tracks and reproduce them for profit or mass production, unless
you have a reproduction license to do so.
Preamble
This license is effective on the date shown on this page. EveningStorm
Studio hereby grants a nonexclusive license to the customer who purchased
one of the said products directly from EveningStorm Studio. The term
“products” refers to all EveningStorm CDs which contain music and/or sound
effects and/or voice tracks, excluding software titles and broadcast
material CDs, which are licensed separately from this blanket license. The
term “material” refers to the individual tracks, sounds, songs, etc. on each
CD product. The term “customer” refers to an individual, company, or
organization that has purchased the product(s) directly from EveningStorm
studio. This license is not transferable. To transfer said license, the
customer must acquire a letter of permission from EveningStorm Studio to
include with the transfer of the product and license.
Rights
This license gives the customer the right to broadcast any of the material
on said products on any medium including the Internet, a terrestrial radio
station, television, and/or video. No royalties or “needle drop” charges are
to be collected by EveningStorm Studio or any other agent for such usage.
This license gives the customer the right to mix said material with the
customer’s own sound creations to form an original recording. Such a mixed
recording can be sold for profit without any fees due to EveningStorm Studio
or any other agent for such usage. Any original tracks created by the
customer that contains any of the said material can be sold for profit.
Limitations
This license does not grant the customer the right to sell any of the CD
products, in there unaltered entirety, for profit or mass production, unless
a Reproduction License has been purchased from EveningStorm Studio for such
an action. Example - Copying an entire CD and reselling the copy as your
own. See Section below for more on this subject. This license does not grant
the customer the right to sell any of the individual material tracks,
sounds, etc., in their unaltered entirety, for profit or mass production,
unless a Reproduction License has been purchased from EveningStorm Studio
for such an action. Example - Copying an individual track from a CD and
selling it as your own. See Section below for more on this subject.
Reproduction Licenses
There are three
classes of reproduction licenses that a customer may encounter according to
their particular situation.
A. Reproduce Entire CD Product
A
customer who wishes to reproduce, copy, or create an identical image of the
entire CD, and sell for profit, must purchase a reproduction license from
EveningStorm Studio for each product that the customer wishes to copy and
reproduce. The cost of said license is initially $50,000 per CD product, per
50,000 units copied OR a royalty of $1 per CD sold AND a minimum down payment of
at least 10% ($5000). Additional blocks of 50,000 can be purchased for $25,000
OR a royalty of 50 cents per CD sold is acceptable in lieu of $20,000 for the
additional block, with a minimum down payment of 10% ($2000). Contact
EveningStorm Studio for more information at licenses@eveningstormstudio.com.
B. Reproduce Individual Tracks
A customer who wishes to reproduce, copy, create an identical image of any of
the said individual tracks, and sell them for profit, must purchase a
reproduction license from EveningStorm Studio for each individual track that the
customer wishes to copy and reproduce. The cost of said license is initially
$10,000 per track, per 10,000 units copied OR a royalty of $1 per CD sold AND a
minimum down payment of at least 10% ($1000). Additional blocks of 10,000 can be
purchased for $5,000 OR a royalty of 50 cents per CD sold is acceptable in lieu
of $5,000 for the additional block, with a minimum down payment of 10% ($500).
Contact EveningStorm Studio for more information at licenses@eveningstormstudio.com.
C. Promos, give-away, etc.
A customer who wishes to reproduce, copy, create an identical image of any of
the said individual (material) tracks, or entire CD for the purpose of giving to
another individual, entity/business, the public, etc. in a not-for-profit
situation, must obtain this class of reproduction license. This license will
cover all as mentioned in this section or as determined in an agreement between
the customer and this office. A one time fee of $25,000 covers the reproduction
and distribution, without profit, for up to 50,000 copies of the said track
and/or the entire CD product, depending upon what is agreed upon in the original
license request. Any amount over 50,000 copies will be charged additional fees
to be determined at that time. Contact EveningStorm Studio for more information
at licenses@eveningstormstudio.com.
Disclaimer
EveningStorm Enterprises (EveningStorm Radio, EveningStorm Studios) it's agents,
affiliates, owners, DJs, assume no liability for the use/misuse of the files
contained on this CD. No liability is assumed for any financial, radio station
losses or physical damages to any home or business equipment or other related
items. Maximum liability on the part of EveningStorm Enterprises shall not
exceed the cost of the original CD (maximum $49.95). Reproduction licenses are
non-refundable. The buyer assumes all responsibility. In the event that the
terms of this license have been broken, the license will be considered void, and
action will be taken. All actions will be under the jurisdiction of the courts
of the State of North Carolina. By utilizing the material on this CD, the buyer
agrees to all terms set forth.
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